Search Results

1. Pene-Stevens - Puhatikotiko 2C2B2 and 2D (2014) 41 Tairawhiti MB 219 (41 TRW 219) [pdf, 184 KB]

   ...30 January 2013, 28 Tairawhiti MB 97-104 29 April 2013, 30 Tairawhiti MB 113-116 17 September 2013, 32 Tairawhiti MB 249-253 4 November 2013, 34 Tairawhiti MB 294-303 31 January 2014, 37 Tairawhiti MB 81-84 (Heard at Gisborne) Judgment: 18 August 2014 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX 41 Tairawhiti MB 220 Introduction [1] On 6 December 2012 the Court received two applications concerning Pu...

2. [2025] NZEmpC 170 Saphoo v Yunan [pdf, 182 KB]

   ...under s 146(6) and order that Mr Yunan be fined. [26] The maximum fine that can be imposed is $40,000. Quantum of a fine [27] The quantum of the fine should be consistent with comparable cases. Mr Mathews refers to fines awarded in several judgments where the employer has taken no steps to address the breach, there are no issues about capacity to pay, and no history of previous breaches. In those cases, he submits the fines start at approximately $10,000.5 5 Carruthers...

3. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...decisions of the Environment Court. We take it that the second sentence in that passage shows that Doogue J was carefully confining his statement to the standard of proof of facts. He was not stating anything .about the standard of 'proof of the judgements about possible future events and their [1999] NZRMA 66. High Court, Auckland AP 18/02 Doogue J 7/6/2002 at para [68]. 24 [59] However, in the earlier decision of McIntyre v Christchurch City Council the Planning Tribunal...

4. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...TRANSPORT UNION INCORPORATED Defendant Hearing: (in chambers on Sunday, 21 December 2014) Heard at Wellington Appearances: T Clarke and G Stacey-Jacobs, counsel for plaintiff P McBride and G Ballara, counsel for defendant Judgment: 22 December 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] This decision resolves an application for an urgent interim injunction. Lyttelton Port Company Limited (LPC) contends that members of the Rail...

5. FIANZ-Submission.pdf [pdf, 13 MB]

   ...person of whom inquiries could be made about whether the terrorist was a fit and proper person to be in possession of a firearm. As the Police were well aware, gaming friend’s father barely knew the terrorist. The Report acknowledges the poor judgement of the Police in accepting, as referees, a father and son. The Report states “With the benefit of hind- sight, we see the parent and child relationship as material to what happened” and “We doubt whether gaming friend’s parent...

6. Dorrance v Accident Compensation Corporation (Late Filing to the District Court) [2023] NZACC 190 [pdf, 164 KB]

   ...UNDER SECTION 149 OF THE ACT BETWEEN MARISHA DORRANCE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: The Appellant is self-represented L Hawes-Gandar for the Respondent Judgment: 23 November 2023 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The above-named appeals were lodged by Ms Dorrance on 29 Septembe...

7. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

   ...AND NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC Defendant Hearing: 11 October 2016 (Heard at Wellington) Appearances: P Wicks QC, counsel for plaintiff P Cranney and S Mitchell, counsel for defendant Judgment: 23 November 2016 INTERLOCUTORY JUDGMENT (NO 1) OF JUDGE B A CORKILL An interim compliance order? [1] AFFCO New Zealand Ltd (AFFCO) applied for an interim compliance order in two parts; the first seeks to restrain...

8. ENV-2017-AKL-000156 C N Barbour Family Trust v Auckland Council [pdf, 1.8 MB]

   ...classification from collector to arterial. The Barbour Trust appeals this aspect of the Recommendation, including any incidental or consequential changes. 2. Another submitter sought judicial review of the Recommendation. The High Court issued its judgment on the judicial review application on 6 September 2017, setting aside the Recommendation in relation to the amended Redhills Precinct plan: Bunnings Limited v The Auckland Unitary Plan Independent Hearing Panel [2017] NZHC 214...

9. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

   ...HAMUERA WINOKA TOPIA Applicant Hearing: 20 November 2013 21 May 2014 25 September 2015 19 January 2016 (Heard at Kaitaia, Kaikohe and Waipuna Marae, Panguru) Appearances: Bronwyn Moore for B Wihone, A Witana and H Puru Judgment: 29 January 2016 RESERVED JUDGMENT OF JUDGE D J AMBLER 123 Taitokerau MB 200 Introduction [1] Hinerangi Puru, Abe Witana and Buddy Wihone have applied for a water easement over P...

10. [2022] NZEmpC 144 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 231 KB]

    ...& CONSTRUCTION WORKERS UNION Defendant Full Court: Hearing: Judge J C Holden Judge B A Corkill On the papers Appearances: C Patterson and A Reid, counsel for plaintiff P Cranney, counsel for defendant Judgment: 16 August 2022 COSTS JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves costs arising from the Court’s judgment regarding drug tests.1 A Procedure document had been attached to a series of co...